Mathers v. Union Mutual Accident Ass'n
Wisconsin Supreme Court
APPEAL from the County Court of Fond du Lao County. Action upon a contract of insurance against accident. The facts will sufficiently appear from the opinion. The plaintiff appeals from a judgment dismissing the complaint. They contended, inter alia, that the agent’s agreement, whether oral or written, binds the company,— citing, besides cases cited in the opinion: Kelly v. Commonwealth Ins. Co. 10 Bosw. 83; Wood, Fire Ins. sec. 9 ; Commercial M. M. Ins. Co. v. Union Mut.
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APPEAL from the County Court of Fond du Lao County. Action upon a contract of insurance against accident. The facts will sufficiently appear from the opinion. The plaintiff appeals from a judgment dismissing the complaint. They contended, inter alia, that the agent’s agreement, whether oral or written, binds the company,— citing, besides cases cited in the opinion: Kelly v. Commonwealth Ins. Co. 10 Bosw. 83; Wood, Fire Ins. sec. 9 ; Commercial M. M. Ins. Co. v. Union Mut. Ins. Co. 19 How. 318; Mealy v. Imperial F. Ins. Co. 5 Hey. 268; sec. 1977, JR. S.; Markeyv. Mut. Ben. Ins. Co. 103 Mass.…
1Opinion of the CourtOetou, J.
This action was tried by the court without a jury, and the findings and judgment are against the plaintiff. The facts are briefly and substantially as follows:
One E. L. Maloney, Esq., had been in the insurance business about nineteen years, and had been the agent of the defendant association at the city of Eond du Lac, in this state, about three years. The plaintiff called upon him at his office at about 1 o’clock p. m., on the 12th day of January, 1889, and stated to him that he had bought certain sheds which he wished to take down, and there was considerable snow and ice on them, and he had…
2Cases cited10 opinions
- Ellis v. . Albany City Fire Insurance Co.New York Court of Appeals · 1872
- Post & Dowding v. Ætna InsuranceNew York Supreme Court · 1864
- Hankins v. Rockford Insurance Co.Wisconsin Supreme Court · 1887
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
- Alkan v. New Hampshire InsuranceWisconsin Supreme Court · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Massachusetts Bonding Ins. Co. v. VanceSupreme Court of Oklahoma · 1918
- Chamberlain v. Prudential Insurance Co. of AmericaWisconsin Supreme Court · 1901
- Schilbrch v. Inter-Ocean Casualty Co.Wisconsin Supreme Court · 1923
- New York Life Insurance v. GreenleeIndiana Court of Appeals · 1908
- Whitehall v. Commonwealth Casualty Co.Nebraska Supreme Court · 1933
4 more not listed; retrieve them via the Exa API.